(a)

Administrative official. The provisions of this code shall be administered and enforced under the direction of the administrative official. The administrative official shall be appointed by the city manager.

(b)

Fees. All applications for administrative action or approval by the city shall have the appropriate fee set by resolution of the city council, and the fee shall not exceed the actual average cost of all expenses incurred by the city associated with the subject activity, including materials, labor and overhead.

(Ord. No. 2001-72, § 1, 9-18-01)

Code of Ordinances reference—Officers and employees, § 2-186 et seq.

(a)

In general. No development activity shall be undertaken unless the activity is authorized by a development permit. A development permit may not be issued unless authorized by a development order reflecting conformance with the requirements of this code.

(b)

Exceptions to the requirement of a development order. A development permit may be issued in the absence of a development order for the following activities, when the proposed development conforms to the standards and permitting requirements of this code:

(1)

The construction, alteration, or enlargement of a one- or two-family dwelling on a lot of record as of November 1, 1990, or lot created under the terms of this code.

(2)

The construction of an accessory structure on a previously developed single-family lot.

(3)

The alteration of an existing nonresidential structure which does not enlarge the effective size or capacity of the structure less than or equal to 500 square feet.

(4)

Demolition of a structure.

(5)

Erection of signs or fences on a previously developed site and when independent of other development activity on the site.

(6)

The clearing of trees or vegetation or changing of grade when independent of other development activity on the site.

(7)

The construction of agricultural accessory structures.

(8)

The resurfacing of a vehicle use area.

(9)

The installation of an antenna on a communication tower or alternative support structure in compliance with the requirements of section 9 of chapter 16 of this code.

(Ord. No. 1995-43, § 6, 12-19-95; Ord. No. 1997-23, § 2, 4-29-97; Ord. No. 2003-23, § 2, 6-17-03; Ord. No. 2021-15, § 1, 7-20-21)

(a)

Designation of plans as major or minor development. For purposes of review and approval under this code, all plans shall be designated as minor development or major development as outlined below.

(1)

Major development. A development plan shall be designated as a major development if it meets one or more of the following criteria:

a.

The plan is for the rezoning to PUD or PCD district and the establishment of a new master development agreement (MDA) and conceptual development plan (CDP), the establishment of a new MDA and CDP in the PC-A or PC-R district, an amendment to an approved MDA or CDP, or is so deemed a major development in an approved MDA.

b.

The plan is part of a larger development proposal or poses special development issues that require the additional review of a major development, as determined by the administrative official.

(2)

Minor development. A development plan shall be designated as a minor development if it:

a.

Fails to meet the criteria for a major development listed above.

b.

The plan includes the final plat or replat for the subdivision of land submitted under F.S. ch. 177.

c.

Not exempt from the requirement for a development order under section 2(b) above.

(b)

Pre-application conference. Prior to submitting a development review application, the applicant shall meet with the administrative official or his/her designee(s), in order to verify the steps necessary for application and review, and discuss potential issues regarding the development proposal. Comments made at the pre-application conference are intended to provide guidance and are nonbinding on the formal review of the development plans, except that an applicant may request a written confirmation of the designation of the proposal as a major or minor development.

(c)

Application for development plan review. Applications for development plan review shall be made to the department utilizing the form provided by the department for that purpose, and accompanied by the appropriate review fee, as adopted by resolution of the city council. Application shall be accompanied by the appropriate number of proposed plans, as determined by the administrative official based upon the size and scope of the proposed development. Plans shall be signed and sealed by a registered engineer, architect, landscape architect, where required by this code. Plans shall be prepared according to the standards of this code.

(1)

Review of application materials. Within two working days of the receipt of an application, the department shall determine whether the submittal is complete. Incomplete submittals shall be returned to the applicant with the deficiencies noted in writing.

(2)

Initiation of development review. Once a completed application is submitted, it shall be scheduled for the next staff development review committee (SDRC) meeting, but no earlier than one week from the date that the application is deemed complete. Within seven days of a complete application being submitted, written notice will be provided with the timeframe for approval of the development plan.

(3)

The administrative official may waive the required SDRC meeting for certain development applications based on the size and scope of the proposed development.

(d)

Development review process.

(1)

Staff development review committee (SDRC). All applications for MDA amendments, site plans, subdivisions, and the rezoning of property to PUD or PCD districts shall be reviewed by the SDRC, and members' comments shall be delivered and discussed at a regularly scheduled meeting. Formal comments of the SDRC shall be transmitted in writing to the applicant no later than three working days after the meeting.

(2)

Minor development review. Minor development projects may resubmit plans in response to the SDRC comments no later than 120 calendar days after the original SDRC meeting review, or, unless otherwise extended in accordance with this section, the project shall be considered withdrawn. The resubmitted plans shall be reviewed by the appropriate SDRC members, based on the original findings, within ten working days of resubmittal. Based on the outcome of this second review, the administrative official shall take one of the following actions within 15 working days of resubmittal:

a.

If previous comments were not addressed, or the plan modifications result in additional code discrepancies, such comments shall be transmitted along with a reasonable deadline for resubmission based on the number and magnitude of outstanding issues. However, in no case shall resubmittal be accepted more than 60 calendar days after the transmittal of comments, or, unless otherwise extended in accordance with this section, the project shall be considered withdrawn.

b.

If all comments are satisfactorily addressed, a development order shall be issued.

(3)

Major development review. Major development projects may resubmit plans in response to SDRC comments no later than 120 calendar days after the original SDRC meeting review, or the project shall be considered withdrawn. The plans shall be reviewed by the appropriate SDRC members, based on the original findings, within ten working days of resubmittal. Based on the outcome of this second review, the administrative official shall take one of the following actions within 15 working days of resubmittal.

a.

If previous comments were not addressed, or the plan modifications result in additional code discrepancies, such comments shall be transmitted along with a reasonable deadline for resubmission based on the number and magnitude of outstanding issues. However, in no case shall resubmittal be accepted more than 60 calendar days after the transmittal of comments.

b.

If only minor outstanding technical and procedural comments remain, then the project shall be submitted by the department to the planning commission for consideration.

1.

Planning commission action. The planning commission shall consider the development plans at a regularly scheduled meeting, and determine if they meet the requirements of this code. The applicant or an authorized agent thereof shall be present at the time of consideration by the planning commission. Upon consideration of the comments of the SDRC and public, the commission shall take one of the following actions:

(a)

Table or continue the consideration of the project until their next regularly scheduled meeting to allow for the resolution of outstanding issues.

(b)

Recommend that the proposed development plan be denied.

(c)

Recommend that the proposed development plan be approved.

(d)

Recommend that the proposed development plan be approved with conditions.

(e)

Approve or deny the proposed development plans in which the planning commission has final authority.

2.

City council approval. The city council shall consider the development plans at a regularly scheduled meeting, and determine if they meet the requirements of this code. Upon consideration of the comments of the department and public, and the recommendation of the planning commission, the city council shall take one of the following actions:

(a)

Table or continue the consideration of the proposed development plan to allow for the resolution of outstanding issues.

(b)

Deny the proposed development plan.

(c)

Approve the proposed development plan.

(d)

Approve the proposed development plan with conditions. Revised plans reflecting conditions of city council approval shall be submitted to the department within 30 days of the conditional approval. Plans and/or documents shall be reviewed by the department within ten working days of resubmittal to determine compliance with those conditions.

(e)

Refer the proposed development plan back to the planning commission for further review and recommendation based on new or additional information or circumstances.

3.

Issuance of development order. The department shall issue a development order within five working days of unconditional city council approval, or verification that city council conditions for approval have been met.

(e)

Failure to provide timely plan resubmission. Failure to meet any of the resubmission deadlines cited above shall require applicant to pay extension fees or file a new application including the appropriate review fees, whichever is deemed applicable by the administrative official when considering the amount of time elapsed, whether a change in scope is proposed for the project, or whether any unforeseeable events have caused delay.

(f)

Extension of resubmittal deadlines. The administrative official may extend the deadlines cited above upon request when warranted by unforeseeable events. A request for extension shall be filed in writing with the department, accompanied by the appropriate fee, as adopted by resolution of the city council, explaining the circumstances justifying the extension. An applicant may request a maximum of two 60 calendar day extensions. Additional extensions beyond the two provided for herein may be considered by the administrative official if warranted due to unforeseeable events.

(g)

Abated application. An application shall be abated when the applicant fails to resolve pending conditions for the issuance of a development order for six consecutive months from the date of the last official written communication from community development to the applicant. The administrative official shall issue a notice of abated application to the applicant which shall include reference to the abandoned application provision, set forth in subsection (h) of this section. Any submittal after the issuance of a notice of abated application shall require applicant to pay a resubmittal fee. Any submittal after the issuance of the notice of abated application shall comply with any amendments to this code or any other applicable federal or state law or regulation subsequent to the last review of the application.

(h)

Abandoned application. An application shall be considered abandoned when the applicant fails to resolve pending conditions for the issuance of a development order for an additional six consecutive months from the date of the notice of abated application issued by community development to the applicant, in accordance with subsection (g) of this section. The administrative official shall issue a notice of abandoned application to the applicant. Any submittal after the issuance of the notice of abandoned application shall constitute a new application and shall include the appropriate review fees.

(Ord. No. 1993-58, 1-18-94; Ord. No. 1995-43, §§ 7—9, 12-19-95; Ord. No. 2003-23, § 2, 6-17-03; Ord. No. 2012-16, § 2, 12-11-12; Ord. No. 2018-21, § 1(Exh. A), 9-4-18; Ord. No. 2023-18 meeting, § 2, 12-12-23; Ord. No. 2025-23 meeting, § 1, 9-2-25)

A development order shall be issued by the department only after the approval of development plans as required by this code. A development order allows for the issuance of site construction permits for the initiation of development activities, including land clearing, site preparation, utility construction, road construction, and building construction. Issuance of a development permit by the city does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the city for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.

(a)

Contents. A development order shall include the following:

(1)

The name of the proposed development and property owner, parcel identification number, and street address, if applicable.

(2)

A general description of the proposed development activity.

(3)

The name of the project engineer and date of the signed and sealed plans.

(4)

Reference to any development agreements or other legal documents that are a part of, or control, the proposed development.

(5)

Any special conditions of the development approval, such as off-site improvements, phasing, or other actions or events required prior to the issuance of site construction permits or certificates of occupancy.

(6)

The expiration date of the development order.

(b)

General conditions. All development orders are issued contingent upon the following:

(1)

The accuracy of information provided in the development plans and associated documents. Inaccuracies that affect compliance with this code, or the soundness of engineering design, may be considered grounds for the voiding of a development order.

(2)

The clarification of discrepancies within the approved plans or associated documents. Where there are contradictions or discrepancies, the city may require their correction based on the requirements of this code, and as appropriate to the internal consistency of the documents.

(c)

Expiration of a development order. All development orders shall have an expiration date clearly noted, after which no additional site construction permits may be issued. Expiration dates shall be based on the following:

(1)

Development order for subdivision or site development shall expire after one year from the date of issuance, except as provided for the planned community zoning district in chapter 17 of this code. For projects that have multiple construction phases, the administrative official may issue a development order for a period of up to two years.

(2)

Special exceptions, conditional uses, and variances shall expire either based on the conditions of approval or based on the specific requirements of this code.

(3)

Conventional rezonings shall have no expiration date. Conceptual plans and master development agreements for planned zoning approvals shall expire based on the terms of its development agreement and any phasing plan therein.

(d)

Extension of expiration date. Except as provided by state law, the expiration date for a development order may be extended as follows:

(1)

A developer may request an extension in writing from the administrative official, accompanied by a development order extension fee, unless preempted by state law. The request for extension shall be reviewed and considered by the staff development review committee (SDRC), with special consideration to:

(a)

Amendments to this code, including codes and standards adopted by reference, that have been adopted since the original approval, requiring modification to the development plans or associated documents.

(b)

Re-evaluation of the ability of the proposed development to meet the requirements of chapter 4, Concurrency.

(c)

Changes in surrounding land use, development, or other considerations that may require modification of the plans to meet the requirements of this code.

(d)

Payment of any outstanding development review fees.

(2)

Approval process. Development order extensions for major and minor developments may be granted by the administrative official for those plans that comply with current land development regulations and meet the criteria for an extension as outlined in this section. The planning commission and city council shall review development order extensions for major developments that the SDRC determines do not or cannot meet current code requirements and/or the criteria for extension.

(e)

Modification of a development order.

(1)

Minor modifications to development orders may be approved by the administrative official, when such modifications are consistent with the requirements of this code, and do not have a substantial impact on the overall impact and intent of the development order. The following modifications shall be generally considered as minor:

(a)

Dimensional changes to accommodate field conditions, including the connection to existing facilities and the preservation of existing vegetation.

(b)

Changes of landscape or construction materials that are deemed similar or equivalent to those approved.

(c)

Technical changes to construction details.

(2)

Proposed modifications that do not meet the criteria for administrative approval described above, shall be submitted for development plan review under the same procedure as required for the original review, accompanied by the minimum review fee specified.

(3)

When in the opinion of the administrative official, the proposed modifications represent a major and fundamental change in the overall impact and intent of the original development order, a new application for development plan review may be required, including the appropriate fees, as adopted by resolution of the city council.

(Ord. No. 2003-23, § 3, 6-17-03; Ord. No. 2010-4, § 2, 3-16-10; Ord. No. 2012-16, § 2, 12-11-2012)

Once a development order has been issued, the developer may request the issuance of the site construction permit.

(a)

Preconstruction meeting. A preconstruction meeting is required prior to commencing any construction activity, including clearing. Failure to begin construction within 45 days after the preconstruction meeting shall require an additional preconstruction meeting and a corresponding fee, as adopted by resolution of the city council.

(1)

Attendance. Upon the written or electronic transmitted request of the applicant or applicant's designee, the department shall schedule a preconstruction meeting. The following individuals or their representatives shall attend the preconstruction meeting, if applicable:

(a)

The developer, and the developer's engineer(s), landscape architect(s), and surveyor(s).

(b)

All contractors for the construction of the site and subdivision improvements.

(c)

All franchised utility companies.

(d)

SDRC members and city inspectors.

It shall be the responsibility of the applicant to notify all of the above parties of the meeting, except city employees.

(2)

Agenda. The meeting shall include discussion of the construction schedule, construction permit conditions imposed by the city and other agencies, procedures for inspection and testing, coordination with the city utilities and private utility companies, maintenance of existing drainage ways, traffic maintenance, dewatering, access for construction, stockpiling areas, the general construction requirements for site and subdivision development, and other details deemed necessary to assure safe construction in compliance with this code and with minimum disturbance to surrounding areas.

(b)

Required preconstruction submittals.

(1)

Preconstruction submittals required at or before the meeting. The following exhibits or documents shall be submitted to the department prior to or at the preconstruction meeting for the issuance of a site construction permit:

(a)

Proof that all development order conditions, if any, have been met.

(b)

Copies of all contracts for the construction of any public improvements, if applicable.

(c)

Contractors for construction of public improvements shall provide comprehensive liability insurance covering bodily injury, death, and property damage, with limits of not less than $100,000.00 per person and $300,000.00 per occurrence, with the city listed as an additional insured and held harmless, for approval by the city attorney.

(d)

Copies of all applicable federal, state, regional, and county agency permits for construction.

(e)

Plans for the management of traffic and dewatering activities, if applicable.

(f)

Construction schedule.

(g)

The required number of copies as determined by the administrative official or his designee of the approved development plans, signed and sealed by the engineer of record.

(h)

A soil erosion control plan specifying the measures to be used during all phases of construction to prevent erosion and the depositing of soils off the site, in accordance with the requirements of chapter 10 of this code.

(i)

Inspection fee as adopted by resolution of the city council.

(j)

Proof of payment for water and sewer connection fees.

(k)

For subdivisions, one copy of the plans for utility improvements of each of the franchised utilities locating utility improvements within the development, as available.

(l)

For site plans, billing account information to establish utility service accounts.

(2)

Site development clearing permit. A three-part clearing permit (Parts A—C) shall be secured and clearing shall be completed prior to the issuance of any other site construction permits for site development plans. No site clearing shall take place on any property subject to an approved site development plan except as provided below.

(a)

Application. Application shall be made to the department on the form provided by the department. The application shall include:

(1)

The name and location of the project.

(2)

The name, address, and phone number of the general contractor, surveyor, and land clearing contractor.

(3)

Proof that all development order contingencies have been met. The receipt of certain agency permits may be waived by the administrative official, only if not relevant to the clearing process.

(4)

Three copies of the approved composite utility plan and landscape plan sheets.

(b)

Survey line clearing (Part A). Written authorization to commence survey line clearing and staking (Part A of permit) shall be obtained from the department by an owner or developer prior to the cutting of trees or removal of vegetation on a site. Authorization to proceed with Part A of the clearing permit shall be granted after site plan approval and before a building permit is obtained. This Part A authorization only allows underbrushing and hand clearing of those survey lines necessary in order to stake out the location of proposed building(s) and parking areas, and the installation of silt fence and tree protection barricades, with no removal of trees having a two-inch or greater caliper. No trees or vegetation shall be removed except as specifically authorized within the permit. Any unauthorized removal of trees or vegetation shall constitute a violation of this code.

(c)

Building site clearing; parking area clearing (Part B). Written authorization to proceed with building site or parking area clearing (Part B of permit) shall be obtained from the department by an owner or developer prior to the cutting of trees or further removal of any vegetation within the previously approved and staked-out site. This authorization shall be granted only after an authorized representative of the city has inspected the site to verify that no unauthorized clearing has taken place, and to ascertain whether field modification of the plan is justified in order to enhance tree preservation on the site. This Part B authorization allows for the removal of the trees and vegetation within the previously approved staked out building site, including approved access to the proposed building location. This Part B authorization generally allows clearing of the area ten feet outside of the actual building wall, except for those trees or areas specifically delineated on the approved site plan or by the city after field inspection. Unless specifically permitted in the written Part B authorization, no filling or excavation on the site shall take place until the final inspection of previously permitted clearing has been completed and such work is in compliance with this code, the Code of Ordinances, and the written permit requirements and conditions.

(d)

Phasing of clearing process. On certain large projects, clearing for additional buildings or parking areas may be permitted as a second phase of development, whereupon a second complete permitting process shall be required. Those areas not covered under the initial permit shall be clearly delineated or barricaded so as to prohibit any disturbance or use of the area.

(e)

Final inspection (Part C). After all proposed clearing is complete, and all required tree and soil preservation measures are implemented, an authorized representative of the city shall make a final inspection to verify that all work has been completed in compliance with the permit and this code. If all work has been satisfactorily completed, a building permit may be issued. While this code shall not be construed so as to preclude the review and approval of building plans, no building permit shall be issued until the terms of this code have been met.

(f)

Time limitations. The developer shall complete all clearing activities within 60 calendar days after the permit is issued. If the developer fails to complete all clearing activities within the permit period, the developer shall be required to secure an additional clearing permit and complete any uncompleted clearing activities prior to the issuance of any other site construction permits.

(c)

Issuance of site construction permit. Upon receipt of all required documents and completion of the preconstruction meeting, the department shall issue approved-for-construction plans, which constitute a site construction permit. The site construction permit is issued contingent upon compliance with the development order. In addition, the department may attach substantive and procedural conditions on construction based on the requirements specified at the preconstruction meeting.

(1)

Site construction permits expire after one year from the date of approval, except as provided by state law. Extensions shall be requested in writing to the administrative official, accompanied by the site construction permit extension fee, as adopted by resolution of the city council. Expired site construction permits shall be resubmitted through the review process.

(2)

Any proposed plan modifications made during construction shall be submitted to the department for review and approval.

(d)

Issuance of special permits for relief from noise level limits or extensions of operating hours. A special permit is required for the following:

(1)

Operation of any tools or equipment used in construction, drilling or demolition work during the hours and days listed in chapter 42, article IV of the City of Port Orange Code of Ordinances.

(2)

Relief from the maximum allowable noise level limits designated in chapter 42, article IV of the City of Port Orange Code of Ordinances.

(Ord. No. 2012-16, § 2, 12-11-2012)

(a)

Inspections. The city shall inspect construction for conformance with the terms of the site construction permit. The city shall have the authority to reject materials or suspend work when construction is not in conformity with the terms of the site construction permit. The developer shall notify the city of the commencement of major phases of construction as discussed in the preconstruction meeting.

(b)

Testing. The developer shall provide laboratory tests to verify specifications of materials as required in the standard construction details and this code. The city may require additional testing based on unusual circumstances encountered in the field.

(c)

Request for final inspection. Final inspection of subdivision or site improvements shall be scheduled no more than five working days after the city's receipt of the following documents, unless a later date is requested by the developer:

(1)

Certification of completion by the engineer of record and/or landscape architect, as appropriate. Upon completion of the subdivision or site improvements, the developer's engineer and/or landscape architect, shall submit a signed and sealed certificate stating that the work was constructed under his or her supervision, and has been completed in substantial conformance with the approved development plans in compliance with the requirements of this code.

(2)

As-built drawings. Upon approval of the as-built drawings, the developer shall provide an original and the required number of copies of as-built development plans as outlined by the city standard construction detail for paving, drainage, landscaping and utilities, signed and sealed by the engineer of record, landscape architect, and/or surveyor, as appropriate. All the as-built construction drawings shall be prepared on an appropriate computer-aided drafting (CAD) system. The developer shall provide one copy of the CAD files to the city with all external reference files bound to the working file in State Plane Coordinates NAD83, as amended.

(3)

Testing reports. Copies of all testing reports shall be submitted.

The department shall determine if the submitted documents are complete within two working days of the request for final inspection. Incomplete submittals shall be returned to the engineer of record with the deficiencies explained in writing.

(d)

Final inspection report. A final inspection report shall be issued noting any discrepancies for the site construction permit, corrective actions required, and any subdivision or site re-inspection fee required. In addition, the report shall review final documentation required for acceptance of the subdivision or site improvements, and/or issuance of a certificate of occupancy for site development, once any necessary corrections are made.

(e)

Final as-built drawings. Final as-built drawings addressing any discrepancies and corrective actions must be provided no later than 30 days after issuance of certificate of occupancy and/or final acceptance of improvements, as applicable.

(f)

Re-inspection. Re-inspection may be requested at any time, subject to remittance of a subdivision or site re-inspection fee, as adopted by resolution of the city council. Re-inspection shall be scheduled within three working days, and an inspection report shall be issued if any corrective items remain outstanding.

(g)

Acceptance of subdivision improvements. Upon completion of any corrective actions required upon inspection, subdivision improvements shall be accepted by the city upon the receipt of the following:

(1)

All required certifications of completion under federal, state, regional, and county agency permits.

(2)

Improvement warranty in the amount of ten percent of the cost of construction of the potable water, sanitary sewer, reclaimed water, roadway, and stormwater management system improvements.

(3)

Sidewalk construction guarantee in the amount of 110 percent of the estimated construction cost of unbuilt sidewalks.

(4)

Recording of any additional on-site or off-site easements required by the site construction permit or this code.

(5)

Copy of receipt for payment of signage and street lighting charges.

(6)

Full releases of liens from all contractors involved with the improvement construction.

(7)

Proof of payment by the developer of all outstanding bills owed to the city in relation to the subdivision approval process.

The improvement warranty period shall commence on the date of subdivision improvement acceptance.

(h)

Recording of plat. The following information shall be provided prior to the recording of the final plat:

(1)

A letter from the surveyor verifying that all survey monumentation required by this code is in place.

(2)

An opinion of title updated to no more than two weeks prior to the proposed date for recording.

(3)

A copy of the executed and recorded SIA, if not previously received.

(4)

A copy of the computer files of the plat prepared on an appropriate computer-aided drafting (CAD) system with all external reference files bound to the working file.

(5)

A copy of the recorded articles of incorporation for the property owners' association responsible for maintenance of common facilities, if applicable.

(6)

Four paper copies of the final plat for review.

(7)

After final plat review and staff approval, developer shall prepare and submit to the city three mylar and six copies of the original mylar plat.

(8)

Original payment and performance bond for public improvements.

(i)

Recorded plat. At such time as the developer requests that the administrative official release the final plat for recording in the Public Records of Volusia County, the developer shall sign a sworn statement that describes the requirements as follows:

(1)

The developer shall deliver the original mylar plats to the County of Volusia, Recording Division. Once the map book and page number have been assigned by the county clerk, one of the mylar originals and six copies shall be noted to include this information and returned to the city. The original plat and the other two mylar originals shall be submitted to the County of Volusia for recording with the developer paying all recording fees. A recorded copy of the covenants of the property owners association shall be provided to the city simultaneously with the copies of the plat.

(2)

The developer shall ensure that the clerk of the circuit court of the County of Volusia forwards one copy of the recorded plat to the city.

(3)

The developer shall pay all fees required by the clerk of the circuit court of the County of Volusia.

(4)

The developer shall obtain the clerk's written receipt of documents delivered for recording.

(5)

The developer shall deliver the clerk's receipt to the city's engineer located in the community development department.

(j)

Acceptance of site improvements and issuance of certificate of occupancy. Upon completion of any corrective actions required upon inspection, site improvements shall be accepted by the city upon the receipt of the following:

(1)

All required certifications of completion under federal, state, regional, and county agency permits.

(2)

Improvement warranty in the amount of ten percent of the cost of construction on any facility owned or maintained by the city or other public agency. The improvement warranty period shall commence on the date of issuance of the certificate of occupancy of the attendant structure.

(3)

Construction guarantee in the amount of 110 percent of the estimated construction cost of any uncompleted improvements.

(4)

Recording of any additional on- or off-site easements required by the site construction permit or this code.

Certificate of occupancy shall be issued upon acceptance of site improvements, and compliance with the requirements of chapters 7 and 8, and the building permits issued.

(Ord. No. 2012-16, § 2, 12-11-2012; Ord. No. 2018-21, § 1(Exh. A), 9-4-2018)

Application to amend the text within this code or the comprehensive plan may be initiated by any person, board or agency. Application to change the future land use under the comprehensive plan or rezone land under this code may be initiated by the landowner(s), department, planning commission, or city council. The requirements of this section are in addition to the requirements of applicable state law and county ordinances.

(a)

Application. Application for development code or comprehensive plan amendments shall be made on the appropriate forms provided by the department for that purpose, and shall be accompanied by the appropriate review fee.

(1)

Application deadlines for development code amendments and rezonings shall be as specified in the development review and public hearing calendars, which shall be established annually by the city council no later than December 31 of each year.

(2)

Applications for comprehensive plan amendments may be made at any time. Deadlines shall be as specified in the adopted critical dates calendar.

(3)

Applications for rezonings and future land use plan amendments shall include a legal description of the property, sketch or survey of the property, proof of ownership, and authorization of the owner if represented by an agent or contract purchaser.

(b)

Notification of public hearing. All amendments to the comprehensive plan and this code shall comply with the following:

(1)

Rezonings and text changes to the land development code. Notification and advertising for rezonings and text changes to this code shall be as prescribed by city Charter and Florida Statutes.

(2)

Amendments to the comprehensive plan. Notification and advertising for amendments to the comprehensive plan shall be as prescribed by city Charter and Florida Statutes.

(c)

Procedure for public hearing. The following procedures are in addition to, or where in conflict, superseded by those required by county ordinance or state law.

(1)

Planning commission action. The planning commission shall consider and make recommendations to the city council on every rezoning and every proposed amendment to the comprehensive plan or this code.

Recommendations on rezonings and future land use map amendments shall be considered at the public hearing noticed in [sub]section (b) above, while textual changes may be considered as a general item on the commission's agenda.

(2)

Construction regulation board action. The construction regulation board shall consider and make recommendations to the city council on every proposed amendment regarding section 11 of this chapter, and chapters 7 and 8.

(3)

City council action. The city council shall consider the recommendations of the planning commission and construction regulation board before taking action on proposed amendments to this code. However, if those bodies fail to make a recommendation within 60 days of the amendment's first consideration by that body, then the city council may take action based upon an assumed recommendation of approval from the advisory body.

(d)

Reapplication for denied rezoning. When an application for rezoning is denied by the city council, subsequent application for similar rezoning on any portion of the same parcel of property may not be made for 12 months from the date of city council denial, unless specifically authorized by the city council.

(e)

Criteria for review of amendments. When considering an amendment to the comprehensive plan or this code, the planning commission, construction regulation board, and city council shall consider the following criteria:

(1)

Consistency with the comprehensive plan, or in the case of a plan amendment, consistency with the remainder of the plan and its goals, objectives, and policies.

(2)

Consistency with applicable sections of this code.

(3)

Additionally, as to rezoning amendments:

(a)

Whether justified by changed or changing conditions.

(b)

Whether adequate sites already exist for the proposed district uses.

(c)

Whether specific requirements of this code are adequate to insure compatibility with adjoining properties as required by the comprehensive plan.

(Ord. No. 1993-2, 3-16-93; Ord. No. 1993-58, 1-18-94; Ord. No. 1995-43, §§ 10, 11, 12-19-95; Ord. No. 2012-16, § 2, 12-11-12; Ord. No. 2015-12, § 1, 4-21-15; Ord. No. 2018-21, § 1(Exh. A), 9-4-18)

(a)

Procedural appeals. Any property owner, developer, or their duly authorized agent that is aggrieved by a procedural decision by the administrative official or any other official or body empowered by this code, may file a written appeal within 30 days after the decision in dispute, accompanied by the appropriate fee. Appeals shall be filed with the city manager, with a copy to the department, and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The city manager shall schedule the appeal for the consideration of the city council within 21 days of the receipt of the appeal.

(b)

Technical appeals. Any property owner, developer, or their duly authorized agent that is aggrieved by a technical decision by the administrative official or any other official or body empowered by this code, may file a written appeal within 30 days after the decision in dispute, accompanied by the appropriate fee. Appeals shall be filed with the administrative official, and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The administrative official shall schedule the appeal for consideration no earlier than seven days or later than 45 days after the receipt of the appeal. Technical appeals regarding chapter 8 shall be heard and considered by the construction regulation board, and all other technical appeals shall be heard by the planning commission.

(Ord. No. 1993-2, 3-16-93; Ord. No. 2003-23, § 4, 6-17-03; Ord. No. 2012-16, § 2, 12-11-12)

The city shall reserve the right to enforce the provisions of this code in any manner as provided by law. Specific enforcement options are outlined as follows:

(a)

In general. Whenever the department has reason to believe that the provisions of this code are being violated, it shall notify the alleged violator of the nature of the violation(s), and require correction of the violation(s) in a reasonable period of time, based on the policies of the code enforcement division. If not corrected within the time specified, the violation(s) shall be referred to the special magistrate for enforcement as authorized in the Code of Ordinances.

(b)

Additional enforcement procedures. Specialized enforcement procedures are outlined for use in addition to those above, in the following areas:

(1)

Chapter 8, building and fire codes, as specified in codes adopted by reference.

(2)

Chapter 9, environmental protection, as outlined in each article therein.

(3)

Chapter 10, clearing, grading and stormwater management.

(4)

Chapter 15, signs.

(Ord. No. 2012-16, § 2, 12-11-12; Ord. No. 2019-8, § 12, 8-20-19)

Code of Ordinances reference—Code enforcement, § 2-206 et seq.

(a)

Purpose. The purpose of the neighborhood meeting is to provide an opportunity where an applicant and the community can meet and discuss a proposed development in an informal environment, to inform and contribute to the community's understanding and knowledge about a proposed development, and to provide the applicant an opportunity to hear comments and concerns about the proposed development and address outstanding issues where possible.

(b)

Applicability.

(1)

Neighborhood meeting mandatory. A neighborhood meeting is required after the pre-application meeting with staff and at least 21 days before any of the following applications is reviewed by the planning commission (if applicable) or prior to the first resubmittal if the application does not require public hearings. If a resubmittal on the subject development application is not received within six months of the neighborhood meeting, a subsequent neighborhood meeting may be required by the administrative official. This requirement does not apply if the application is one initiated by the City of Port Orange.

(a)

Comprehensive plan amendment for a nonresidential or multifamily use adjacent to a single-family district.

(b)

Rezoning for a non-residential or multifamily use adjacent to a single-family district.

(c)

Site plan or subdivision for a non-residential or multifamily use adjacent to a single-family district.

(d)

As directed by community development director based on size and potential impacts of the proposed development.

(2)

Neighborhood meeting optional. A neighborhood meeting is encouraged, but not required, of any application for a development reviewed under this code other than those listed in subparagraph (1) above.

(c)

Procedure. If a neighborhood meeting is held by the applicant, whether it is mandatory or voluntary, it shall comply with the following procedures. A record of the meeting including written meeting minutes and a sign-in sheet listing those in attendance shall be provided to the community development department. It is the responsibility of the applicant to notify, in writing, all affected parties, including the Homeowners' association, if one exists, the appropriate city staff person, and the city council person for the district the property is located in, of the meeting's date, time, and place.

(1)

Time and place. The meeting shall be held at a place within the city that is convenient and accessible to neighbors residing in close proximity to the land subject to the application. It shall be scheduled after 6:00 p.m. on a weekday. The meeting shall not occur on the same night as a planning commission or city council meeting.

(2)

Mail notice. The applicant shall mail notice of the meeting date, time, place and general nature of the development proposal, a minimum of ten days in advance of the meeting, to the council member for the city council district the site is located in, city staff, and all property owners and adjacent neighborhood home owner association's inside a radius of 500 feet, including property owners that may be located within a different jurisdiction, from the boundary of the proposed development. Documentation of the mailed notice in the form of a stamped mailing list by the local postal office or comparable certification signifying the notice was sent shall be provided to staff for verification.

(3)

Posted notice. The applicant shall post the property subject to the development application with a sign(s) notice of the neighborhood meeting at least ten days before the date fixed for the meeting. The sign shall be approximately 24 inches by 36 inches and in a form that is weatherproof and legible to the public without the need to trespass onto to subject property. The notice shall state the time and place of the meeting, summary of the development proposal, and the applicant's contact information for further information. Signs shall be placed, at a minimum, along all public road frontages, with at least one sign located every 500 feet along any one frontage.

(4)

Conduct of meeting. At the meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to questions and concerns neighbors raise about the application, propose ways to resolve conflicts and concerns, and note that a written summary of the meeting shall be prepared and made available to the public for response.

(5)

Staff attendance. City staff shall not be required to attend the neighborhood meeting. If city staff attends the meeting they shall only act as an observer of the proceedings.

(6)

Written summary of neighborhood meeting. The applicant shall submit a written summary of the meeting to city staff at least 14 days after the meeting. The summary shall include a list of meeting attendees, a summary of attendee comments, discussed issues related to the development proposal, note of the opportunity to submit a written response to the summary, and any other information the applicant deems appropriate. The meeting summary shall be included with the application materials and be made available to the public for inspection.

(Ord. No. 2020-36, § 1, 11-4-20)

Editor's note— Ord. No. 2020-36, § 1, adopted November 4, 2020, set out provisions intended for use as Ch. 3, Art. I, § 8. For purposes of classification, and at the editor's discretion, these provisions have been included as Ch. 3, Art. I, § 7.3.

(a)

Types of nonconforming status. Within the districts established by this code or amendments that later may be adopted, there may exist lots, uses of land, or structures which lawfully existed before this code was passed or amended but which would be prohibited, regulated, or restricted under the terms of this code.

It is the intent of this code to permit these nonconformities to continue in their present condition but not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. There are three types of nonconforming status, as follows.

(b)

Nonconforming lots of record. In any district in which residential dwellings are permitted, notwithstanding district dimensional requirements, a single-family dwelling and customary accessory buildings may be erected on any lot which existed as a lot of record as of April 13, 1976. In addition in such districts, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which has been made nonconforming in terms of dimensional requirements by amendments to this code or prior subdivision ordinances, enacted after the date that such lot was created of record. This provision shall apply even though such lot fails to meet the requirements applying to area or width, or both, of the lot and shall conform to all other regulations for the district in which such lot is located. However, development on residential lots platted under previous zoning ordinances may be permitted to develop based on setbacks in force at the time of platting. In addition, development on platted lots without frontage on an improved roadway, and/or without access to public utilities, when required, shall not be permitted unless variances from such requirements are granted in accordance with chapter 19 of this code.

The following provisions shall apply to lots of record zoned commercial or industrial on April 25, 1985:

(1)

The construction of one commercial or industrial building shall be permitted on each lot, provided that no adjoining lots are in the same ownership, or were in the same ownership as of April 25, 1985.

(2)

Dimensional requirements shall be based on the minimums in force as of the most recent zoning ordinance under which the property was a conforming lot. However, the planning commission and city council may require greater dimensions where feasible to reduce impacts on adjoining properties.

No portion of any nonconforming lot shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this code, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this code.

(c)

Nonconforming uses of land and structure. A nonconforming use of land or structure existing prior to the adoption of this code shall continue to have such nonconforming status and shall be subject to the applicable provisions of this code including the following which shall apply so long as the use of land or structure remains otherwise lawful:

(1)

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land or structure than was occupied as of April 25, 1985, or the date upon which the use was made nonconforming, whichever is later.

(2)

No such nonconforming use shall be moved in whole or part to any portion of the lot or parcel other than that occupied by such use as of April 25, 1985, or the date upon which the use was made nonconforming, whichever is later.

(3)

No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land or structure.

(4)

For mobile home parks that do not comply with current mobile home park development standards, mobile home siting shall comply with the general criteria described in chapter 17 of this code. Furthermore, mobile home parks in the formerly unincorporated areas of Harbor Oaks and Allandale which were annexed into the city between December 1, 1997 and June 17, 2000 shall be subject to the following provisions:

(a)

Mobile home parks shall be considered vested with respect to the number of units in place before annexation into Port Orange, except as set forth in chapter 3, section 8(c)(4)(g) and (h) of this code.

(b)

The number of units shall not be increased beyond that which is vested.

(c)

Replacement of units and accessory structures shall be permitted, provided that the replacement units and accessory structures occupy the same general area as the replaced unit and accessory structures, and that such units meet the definition of manufactured homes as per this code.

(d)

Replacement units and accessory structures may be located within the same setbacks as the former units and structures, provided that the units and structures meet minimum distance separation requirements for life-safety purposes, as per the standards of the National Fire Protection Association (NFPA). These standards are also provided in chapter 17, section 16 of this code. The application of these standards shall not be used to justify or allow an increase in the number units beyond that which is vested.

(e)

Units and accessory structures shall not be expanded or enlarged in a way that would increase their degree of nonconformity. However, older mobile home units may be replaced with larger manufactured home units, provided that the NFPA minimum distance separation standards are still maintained.

(f)

Recreational vehicles shall be removed from the park premises within 180 days from the effective date of this section. Spaces formerly occupied by such recreational vehicles shall only be reoccupied by manufactured home units as defined by this code.

(g)

If a mobile home park is abandoned for more than 180 days, or if 75 percent or more of the vested units in a park are destroyed by natural disaster or other means, then the park shall no longer be considered vested as a permitted nonconforming use, and shall thereafter fully comply with the provisions of this code for new mobile home parks. In such instances, the total number of units shall be limited to that allowed by the underlying future land use designation.

(h)

Notwithstanding the above, the permitted nonconforming status of a park shall terminate or otherwise be made to conform with the provisions of this code after a period of time established by the amortization schedule in section 8(g) of this chapter, effective from the date of this section.

(i)

Mobile home installation, maintenance and removal shall comply with all other relevant code provisions not modified by this section.

(d)

Nonconforming structures. A nonconforming structure existing prior to the adoption of this code shall continue to have such nonconforming status and shall be subject to the applicable provisions of this code including the following which shall apply so long as the use of land or structure remains otherwise lawful:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 60 percent of its current appraised value as recorded in the tax assessor's office at time of destruction, it shall not be reconstructed except in conformity with the provisions of this code.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is removed.

(e)

Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, repairs and modernization are permitted provided that the cubic area existing when it became nonconforming shall not be increased. Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official.

(f)

Discontinuance of nonconforming uses of land or structures, nonconforming structures or site developments. If a nonconforming use of land, nonconforming use of a structure, or a nonconforming structure or site development, has been abandoned as defined herein, such use shall not thereafter be re-established and any future use shall be in conformity with the provisions of this code to the greatest extent possible.

(g)

Termination of nonconforming uses of land and structure. All nonconforming uses of land and nonconforming uses of structures shall be discontinued or otherwise made to conform with the use provisions of this code within three months after the termination of periods set out in this section. The starting date for the measurement of the time period is June 18, 1976, or whatever date the use was made nonconforming, whichever date is later.

The periods of time herein set out are declared to constitute the reasonable amortization period of the normal, useful life of each nonconforming use based upon the fair market value as fixed by the county tax assessor of Volusia County on June 18, 1976 or at whatever date the nonconforming use commenced, whichever date is later.

(h)

Uses under special exception or conditional use provisions are not nonconforming uses. Any use which is permitted as a special exception or conditional use in a district under the terms of this code shall be deemed a conforming use, subject to any conditions legally imposed by the city council in the past.

(i)

Nonconformance due to involuntary taking. Any parcel, site development, or subdivision of land which becomes nonconforming with the dimensional requirements of this code as a result of the involuntary taking, or the voluntary settlement under a condemnation order of a governmental agency, of right-of-way, easements, or other lands used for public purposes shall be deemed as legal nonconforming under provisions of this code with respect to dimensional requirements. However, such parcel, site development or subdivision of land shall be required to comply with requirements of this code in the same manner as any other nonconforming parcel, site development, or subdivision of land within the city.

(j)

Legalization of nonconforming setbacks. Notwithstanding any other provision of this section, the setback requirements of this code are hereby waived for any residential structure built on or before the effective date of this code, and for any addition to any residentail structure made before the effective date of this code; provided, however, that the following conditions are met:

(1)

The residential structure must not be in violation of any provision of any of the adopted building codes as referenced in subsection 1(b) of chapter 8 by virtue of the nonconforming setback.

(2)

The residential structure may not be enlarged, altered, repaired or replaced in a way which increases its nonconformity with the setback requirements of this code. But the residential structure may be altered to decrease such nonconformity. For example, if a one-story residential structure constructed before the effective date of this code and in noncompliance with current setback requirements is destroyed, it may be reconstructed as a one-story residential structure having the same footprint, but a second story may not be added which would fail to comply with current setback requirements.

(3)

Should the residential structure be moved for any reason or for any distance, it shall thereafter conform to the setback requirements of the district in which it is located after it is moved.

(Ord. No. 1993-58, 1-18-94; Ord. No. 1995-43, §§ 12, 13, 12-19-95; Ord. No. 1996-33, §§ 3, 4, 11-19-96; Ord. No. 2002-5, § 1, 2-19-02)

There is hereby created the staff development review committee (SDRC) to provide technical review for all applications for development approval and grant final approval for development plans when authorized by this code.

(a)

Meetings. The SDRC shall hold regularly scheduled meetings at least once a month unless there are no applications requiring review at that time. A schedule of regular meetings shall be made available in the department. A special meeting may be called by the chairperson to allow extra time for the review of large or complex applications that have been submitted by the appropriate deadline for the next regularly scheduled meeting. SDRC meetings shall be open to all interested persons for the review of formal development applications.

(1)

Quorum. A quorum of the SDRC, necessary to conduct any business, shall consist of three members.

(2)

Minutes. The SDRC shall keep minutes of all its meetings, as required by law. The minutes shall record the attendance of its members and shall be a public record.

(b)

Membership and organization. The SDRC shall be chaired by the administrative official or his/her designated representative. In addition to the chairperson, the SDRC shall be composed of representatives from the following city departments or divisions: the planning division and the city attorney's office. When required by the administrative official or his/her designated representative, the SDRC may expand to include review by other city departments or divisions.

(Ord. No. 2003-23, § 5, 6-17-03; Ord. No. 2023-18 meeting, § 2, 12-12-23)

There is hereby created the Port Orange Planning Commission to review comprehensive planning policies and specific development applications as required by this code, and provide recommendations to the city council on planning and land development related matters.

(a)

Membership. The planning commission shall consist of seven voting members appointed by, and serving at the pleasure of the city council. These members shall be qualified electors residing in the city. An eighth member may be appointed by the Volusia County School Board to serve on the commission in a non-voting capacity. Membership shall be further specified as follows:

(1)

Members shall be appointed for two-year staggered terms. A member whose term expires may continue to serve until a replacement is appointed.

(2)

Members may be removed without notice or without cause by a majority vote of the city council, except for the school board appointee, who may only be removed by a majority vote of the school board.

(3)

With the exception of the school board appointee, if any member fails to attend two of three consecutive meetings without cause and without prior approval of the chairman, the board shall declare the position vacant and request a replacement be appointed by city council.

(4)

When a vacancy occurs prior to the expiration of a term, the city council or school board as appropriate shall appoint a member to fill the vacancy for the duration of that term.

(b)

Organization and procedures.

(1)

The commission shall annually elect a chair and vice chair from among its voting members.

(2)

The commission shall adopt rules of procedure, in accordance with this code and applicable law, to carry out its functions and duties.

(3)

The commission shall meet at least once per calendar month, unless canceled by the commission or its chair, and at such additional times as requested by the chair or city council.

(4)

A quorum shall consist of four voting members.

(5)

The department shall serve as staff to the commission, and the city shall provide a recording secretary to keep minutes of the commission's meetings.

(6)

Members shall serve without compensation, but voting members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city council.

(c)

General functions and duties.

(1)

The commission is designated as, and shall carry out the duties of the local planning agency and land development regulation commission, as defined in F.S. ch. 163, part II.

(2)

The commission shall obtain and review information as necessary to prepare and amend the comprehensive plan and development code of the city.

(3)

The commission shall generally keep the city council and general public informed and advised on the comprehensive planning policies of the city.

(4)

The commission shall monitor the operation and effectiveness of the comprehensive plan and this code, and recommend amendments to the city council.

(5)

The commission shall conduct public hearings, review development applications, and perform other duties as required by this code.

(6)

The planning commission shall hear and consider variances to this code, as specified in chapter 19 of this code.

(7)

The commission shall review proposed development agreements and amendments thereto, and make recommendations on such agreements and amendments to the city council.

(8)

The commission shall monitor the implementation of the interlocal agreement between Volusia County School Board and the City of Port Orange on school facility planning. In the event that the commission finds that the implementation of the agreement is not occurring, the commission shall make a recommendation to the city council on the steps necessary to achieve successful implementation.

(Ord. No. 1992-26, 8-25-92; Ord. No. 1995-43, § 14, 12-19-95; Ord. No. 1999-6, § 4, 2-23-99; Ord. No. 2003-5, § 1, 3-18-03)

Editor's note— Former § 11, which pertained to the board of adjustment and had been amended by Ord. No. 1992-26, enacted Aug. 25, 1992 and Ord. No. 1992-29, enacted Nov. 3, 1992, was repealed by § 15 of Ord. No. 1995-43, enacted Dec. 19, 1995.

There is hereby created the Port Orange Construction Regulation Board to review the building, fire, and other related codes and policies, hear appeals of those codes, and provide recommendations to the city council on building and construction related matters, and regulate contractor licensing as provided by state law, the Code of Ordinances and this code.

(a)

Membership. The construction regulation board shall consist of five members appointed by, and serving at the pleasure of the city council. Members shall be contractors registered with the city or qualified electors residing in the city. Membership shall be further specified as follows:

(1)

The board shall be composed of one architect or engineer, one licensed contractor and three members-at-large from the building industry.

(2)

Members shall be appointed for two-year staggered terms. A member whose term expires may continue to serve until a replacement is appointed.

(3)

Members may be removed without notice or without cause by a majority vote of the city council.

(4)

If any member fails to attend two of three consecutive meetings without cause and without prior approval of the chair, the board shall declare the position vacant and request a replacement be appointed by city council.

(5)

When a vacancy occurs prior to the expiration of a term, the city council shall appoint a member to fill the vacancy for the duration of that term.

(b)

Organization and procedures.

(1)

The board shall annually elect chair and vice chair from among its members.

(2)

The board shall adopt rules of procedure, in accordance with this code and applicable law, to carry out its functions and duties.

(3)

The board shall meet at regular intervals to be determined by the board, and at such additional times as requested by the chair or city council, or as required to hear appeals as specified in this code.

(4)

A quorum shall consist of three members. In varying the application of any provisions of the building codes of the city, affirmative votes of the majority present, but not less than three affirmative votes, shall be required.

(5)

The department shall serve as staff to the board, and the city shall provide a recording secretary to keep minutes of the board's meetings.

(6)

Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city council.

(c)

General functions and duties.

(1)

The board shall recommend to the city council such changes in the building codes and standards and the fire codes and standards as it determines to be in the best interest of the city and its citizens.

(2)

The board shall hear and consider variances and appeals as specified in this chapter and chapter 19 of this code.

(3)

the board shall administer, regulate and enforce the city's local licensing program for contractors, as authorized by F.S. ch. 489, for state contractors and under the city's home rule powers for local specialty contractors, except where specifically delegated to the County of Volusia by interlocal agreement, and in accordance with applicable provisions of the Code of Ordinance.

(4)

The board shall hear cases involving alleged contractor misconduct, and shall have authority to impose sanctions against locally licensed contractors and to recommend sanctions against state certified contractors, in accordance with applicable provisions of the Code of Ordinances, except where specifically delegated to the County of Volusia by interlocal agreement.

(d)

Appeals. Appeals shall be filed as specified in section 6 of this chapter.

(1)

Grounds for appeal may include:

(a)

The refusal to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure.

(b)

The claim that the provisions of the building codes or fire codes do not apply.

(c)

The claim that an equally good or more desirable form of construction can be employed in any specific case.

(d)

The claim that the true intent and meaning of the building codes, fire codes, or any of the regulations thereunder have been misconstrued or wrongly interpreted.

(e)

The refusal to issue or renew a certificate of competency.

(2)

Notwithstanding the appeal period provided for above, in cases where the building official or fire official deems the existence of a condition which poses an extreme danger to persons or property, immediate compliance shall be required during the pendency of the appeal.

(3)

Upon hearing an appeal from the decision of the building official or fire official, the board shall recommend to the city council action to be taken on the appeal, and the city council shall render a decision in the case.

(Ord. No. 1992-26, 8-25-92; Ord. No. 1992-29, 11-3-92; Ord. No. 1993-2, 3-16-93; Ord. No. 1996-4, § 1, 2-20-96; Ord. No. 2006-21, § 1, 8-15-06)

Code of Ordinances reference—Buildings and building regulations, ch. 14.